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Fair Entitlements Guarantee
The Fair Entitlements Guarantee (FEG) is a legislative safety net scheme of last resort with assistance available for eligible employees. The scheme provides financial assistance to eligible employees whose employer has entered liquidation or bankruptcy and who are owed employee entitlements which are not able to be paid by their employer or from another source.
FEG assistance is only available where employees have lost their job due to the insolvency of their employer and there is no other source of funds to pay employment entitlements.
FEG is administered by the Department of Employment and Workplace Relations (the department). Decisions about eligibility for FEG assistance are made in accordance with the Fair Entitlements Guarantee Act 2012 (FEG Act).
What you can claim
The department can pay what is owed to you under your terms and conditions of employment for the entitlements listed below. Some entitlements are subject to maximum thresholds.
- wages – up to 13 weeks
- annual leave
- long service leave
- payment in lieu of notice – up to 5 weeks
- redundancy pay – up to 4 weeks per full year of service.
Note: FEG does not cover unpaid superannuation guarantee amounts owed by the employer. If you have unpaid employer superannuation guarantee amounts, you should:
- contact the insolvency practitioner managing your former employer’s affairs to discuss your rights as an employee creditor
- visit the ATO website.
For further information please refer to the What assistance can FEG provide fact sheet.
You may be eligible for FEG assistance if you:
- have lodged an effective claim within 12 months (of either the date of your end of employment or the date of the liquidation or bankruptcy of your former employer)
- have lost your job due to the insolvency of your employer or were terminated after, or within six months before, the appointment of an insolvency practitioner for your employer
- are owed one or more of the entitlements mentioned above, and
- were an Australian citizen or the holder of a permanent visa or special category visa at the time your employment ended.
You will not be eligible if, for example:
- you were a contractor (textile, clothing and footwear (TCF) contract outworkers may be eligible—see the TCF contract outworkers scheme fact sheet for further information)
- you are an excluded employee (as defined by the Corporations Act 2001).
For more information please refer to the Eligibility for FEG assistance fact sheet.
Making a claim
You must make an effective claim to be eligible for FEG assistance. It is important that you submit your claim as soon as possible because FEG has strict time limits.
To make an effective claim, you must:
- lodge a FEG claim form (online lodgement is preferred)
- include all mandatory information and documentation requested on the form
- lodge your claim no more than 12 months after the end of your employment or the date your employer entered liquidation or bankruptcy (whichever is later) and
- lodge your claim before the discharge of your former employer’s bankruptcy (if your employer was a bankrupt sole trader or partnership).
If your claim is not made within this timeframe or does not include all required information and documentation within this timeframe, it will not be effective and you will not be eligible for FEG assistance.
If you can’t make your claim online, print and complete the FEG Claim Form and send it to department by email or post. Alternatively, you can call the FEG Hotline on 1300 135 040 and we will post the claim form to you. If submitting a paper form, you should include a copy of your identity documents, not originals.
How claims are assessed
Once we have received your FEG claim, we assess your claim in accordance with the requirements of the FEG Act. Several assessments need to be undertaken to confirm your eligibility, the financial affairs of your former employer, and the terms and conditions of your employment from the records of your employer.
Privacy and protecting your personal information
Your personal information is protected by law, including the Privacy Act 1988 (Privacy Act). Your personal information is collected by the department for the purposes of administering the FEG program. The department may also collect your personal information from third parties including other Commonwealth agencies, your former employer, insolvency practitioners, or contracted service providers, for the purposes of administering the FEG program.
For further information about the steps you should take to protect the personal information during your FEG claim process please refer to the Protecting your information fact sheet.
To contact FEG for more information
- call the FEG Hotline on 1300 135 040, Monday - Friday, 9am - 5pm (AEST/ADST)
- email us at email@example.com
- post documents to us at:
Fair Entitlements Guarantee Branch
Department of Employment and Workplace Relations
GPO Box 9828
CANBERRA ACT 2601
The information contained above is of a general nature and explains, in summary form, the intended operation of the Fair Entitlements Guarantee Act 2012 - it is not legal advice. Where necessary, you should seek your own independent legal advice relevant to your particular circumstances. The Commonwealth does not make any representation or warranty about the accuracy, reliability, currency or completeness of the information contained in this fact sheet and is not liable for any loss resulting from any action taken or reliance made by you on the information contained in this fact sheet.